Newsgroups: talk.politics.guns,alt.politics.org.batf,alt.politics.usa.misc From: [w--g--s] at [lonestar.utsa.edu] (William W. Hughes) Subject: Branch Davidian Trial - 26 Jan 94 Date: Thu, 27 Jan 1994 07:06:50 GMT Branch Davidian Trial Update - Wednesday, 26 Jan 94 Page 9A Headline - AGENT SAYS HE MAY HAVE SHOT COMRADE IN DAVIDIAN RAID ATF team leader Bill Buford testified that he favored a siege rather than a raid, because it would have been safer for both ATF agents and Branch Davidians. Buford was assigned to the ATF New Orleans office Special-Response Team. He has 23 years of experi- ence, and was one of the raid planners. ATF agent Keith Constantino "reluctantly" testified that it was possible that he shot agent Glen Jordan. Constantino, Jordan and Buford were assigned to break into a room believed to be the armory of the compound. Jordan broke the window; Buford threw in a "flash-bang" and led the team into the room. "They did not identify themselves or their purpose, the agents testified." Buford testified that he shot and possibly killed a man armed with an AK-47 who was running into the room. He said the man did not fire at him, but that he (Buford) was afraid for his life. He also said the he and his team were "raked" by gunfire coming through the wall, door and floor. He and Jordan were both hit. Constantino said that, several months after the raid, he was told that a piece of bullet taken from Jordan's arm was identified as a part of a hydroshock round, which ATF agents were using during the raid. Constantino said that it was possible that it was one of his shots that injured Jordan: "'It could've been a riccoshet or been a direct hit, I don't know.'" he said Jordan was out of Buford's line of fire. Judge Smith denied defense attorney Rocket Rosen's motion to sup- press testimony by ATF agent Gary Orchowski, in which he identified defendant Livingston Fagan as the man who shot him. "Rosen then moved to sever Fagan from the other defendants, saying that fellow defendants Clive Doyle and Brad Branch can testify that Fagan was not the black man who shot at Orchowski but that Rosen can't compel Doyle or Branch to testify because they are defendants in the same case. Smith took that motion under advisement." Orchowski pointed out Fagan to the jury, but was asked if he could "tell the difference between black ethnicities." "'I don't look at black males and decipher facial features,' Or- chowski said." "Also Tuesday, Smith handed the defense a major victory, overruling prosecutors' attempts to stop their witnesses from testifying about more peaceful ways to serve warrants on Mount Carmel and possible defects in the plan that was used." Smith also issued another gag order on the attorneys, with a $500 fine for a first offense. =================================================================== SUMMARISER'S COMMENTS Is it just me, or does Orchowski's statement, quoted above, sound just a little bit racist? Hmm... why would the prosecution not want the jurors to hear about the peaceful service of warrants, and about errors in the raid planning? ------------------------------------------------------------------- KNOWN DISTRIBUTIONS USENET: talk.politics.guns, alt.politics.org.batf, alt.politics.usa.misc - posted by author mailing list Firearms Politics (firearms-politics @ns1.rutgers.edu) - sent by author (gated to moderated newsgroup info.firearms.poli- tics) alt.conspiracy - forwarded by "Searchnet Zec", whoever or whatever that is FIDONET: DEBATE and CONTROVERSY - forwarded by Terry Goodman (terry.goodman @support.com / 1:102/837) LEGAL (non-backbone) - forwarded by Lester Garrett (1:125/101) SmartNet: POLIPHIL - forwarded by Lester Garrett (FIDO 1:125/101) Please feel free to forward these updates to any other groups, conferences and networks that you feel may be interested. 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For those who are keeping copies of these updates, the following is a list of all updates posted so far, with headlines: Branch Davidian Trial Update - Sunday, 9 Jan 93 Headline - KORESH'S DISCIPLES FACE TRIAL MONDAY Headline - VARIED DEFENDANTS, VARIETY OF CHARGES Headline - FEDS HAVE PLEA BARGAIN FOR ONE SECT MEMBER IN HAND Sidebar - JUDGE APPROVES USE OF WORD 'CULT' Branch Davidian Trial Update - Monday, 10 Jan 94 Headline - JURY SELECTION BEGINS TODAY IN TRIAL OVER WACO STANDOFF Headline - MEDIA'S INTEREST SIMMERS Headline - KORESH WAS ENRAPTURED BY CONCEPT FROM REVELATION Branch Davidian Trial Update - Tuesday, 11 Jan 94 Headline - JURY CHOICE PROVES TO BE RAPID PROCESS Headline - PROTESTERS MAKE THEIR PRESENCE KNOWN Headline - IOWAN WHOSE MOTHER DIED IN STANDOFF DRAWN TO S.A. Branch Davidian Trial Update - Wednesday, 12 Jan 94 Headline - ATTORNEYS SELECT JURY, ALTERNATES Box - PARAGON TO SHOW NEW TV FOOTAGE Headline - SELF-DEFENSE ISSUE RISES IN JURY SELECTION AGAIN Headline - MINISTER JOINS WITH PROTESTERS Headline - WELL-DRESSED DEFENDANTS HAVE ATTORNEYS TO THANK FOR CLOTHING DURING THE TRIAL Branch Davidian Trial Update - Thursday, 13 Jan 94 Headline - RANGER SAYS FBI MOVED EVIDENCE AT DAVIDIAN SITE Headline - DEFENSE DESCRIBES DAVIDIANS AS JUST FOLLOWING THEIR FAITH Branch Davidian Trial Update - Friday, 14 Jan 94 Headline - TESTIMONY FOCUSES ON WEAPONS, PARTS Headline - SAN ANTONIANS HELP IOWAN WHOSE MOM DIED AT COMPLEX Branch Davidian Trial Update - Saturday, 15 Jan 94 Headline - EXPERT TESTIFIES DAVIDIANS' GUNS ILLEGALLY MADE AUTOMATIC Headline - MEDIA, PROTESTERS FLEE 'BORING' TRIAL Branch Davidian Trial Update - Monday, 17 Jan 94 LETTER TO THE EDITOR - WACO MASSACRE GOVERNMENT'S WAY EDITORIAL CARTOONS - Nacho Guarache by Leo Garza Editorial Cartoonist Branch COLUMN - Rick Casey, Tuesday, 11 January 1994 "Why I could not be on Davidian jury" OTHER NEWS STORY - Wednesday, 12 January 94 ATF TO WORK WITH S.A. POLICE IN TRACING GUNS USED IN CRIMES Branch Davidian Trial Update - Wednesday, 19 Jan 94 Headline - WITNESS OFFERS CONTRADICTIONS AT DAVIDIAN TRIAL Branch Davidian Trial Update - Thursday, 20 Jan 94 Headline - AGENT IDS DEFENDANT AS DAVIDIAN GUNMAN Branch Davidian Trial Update - Friday, 21 Jan 94 Transcribed - WITNESSES AGREE ON FIRST SHOTS IN WACO Branch Davidian Trial Update - Saturday, 22 Jan 94 Transcribed - ATF AGENT DESCRIBES EFFORT TO SAVE COMRADE Branch Davidian Trial Update - Sunday, 23 Jan 94 Transcribed - BRANCH JURORS A DIVERSE GROUP Branch Davidian Trial Update - Tuesday, 25 Jan 94 Headline - DEFENSE ATTORNEY TRIES TO STOP IDENTIFICATION IN DAVIDIAN TRIAL =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= This summary of the Branch Davidian trial is based on articles published in the San Antonio Express-News. The original articles, and any sections quoted herein are copyrighted by the Express-News. The remainder of the summary is copyright 1994 by William W. Hughes. Copying of these summaries, either by hardcopy or electron- ic means, is authorized and encouraged, as long as this notice remains attached and intact. "I do not work for or represent the San Antonio Express-News" =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= -- [w--g--s] at [lonestar.utsa.edu] (William Hughes) | In memory of 85 un-charged, UTSA doesn't agree with me. They're wrong. | un-convicted victims of the U.S. Politicians Prefer Unarmed Peasants | government in Waco, Texas - Politically Incorrect and proud of it! | including over 20 children.